PROCEDURES FOR TRANSFER OF INVESTMENT PROJECTS

When an investment project is being implemented, investors may transfer their investment projects to other investors. In the context of the article below, we would like to send you the procedures to do when you want to transfer investment projects:

Kết quả hình ảnh cho transfer of investment projects

Firstly, regarding conditions for transfer of investment projects:
An investor may transfer a part or the whole of its investment project to another investor under the following conditions:
+ Not in one of the cases where the operation is terminated.
+ Satisfying the investment conditions applicable to foreign investors in case the foreign investor receives a transfer of projects in conditional investment lines and trades applicable to foreign investors;
+ Comply with the conditions prescribed by the law on land, the law on real estate business in case of project transfer associated with transfer of land use right;
+ Conditions specified in the Investment Registration Certificate or other relevant laws (if any).
In case of transfer of projects generating income, investors transferring investment projects shall fulfill tax obligations according to law provisions.
Secondly, regarding the transfer procedure:
Case 1: Procedures for changing the investor of an investment project operating under an investment registration certificate and not subject to investment policy decision:
+ The investor transferring the investment project shall submit 01 set of documents to the investment registration agency, including:
Proposal to adjust the investment project;
a report on the status of implementation of the investment project up to the point of transfer of the investment project;
Contract of transfer of investment projects or other documents of equivalent legal validity;
Copies of identity card, identity card or passport for individual investors,
Copies of the enterprise registration certificate or other documents of equivalent legal validity for investors being organizations of the investors accepting the transfer; a copy of the investment registration certificate or investment policy decision (if any);
Copies of BCC contracts for investment projects in the form of BCC contracts; A copy of one of the following documents of the investor who transferred the investment project: financial statements of the last two years of the investor, commitment of financial support of the parent company, commitment to financial support of financial institutions, financial guarantees of investors, documents explaining the financial capacity of investors;
+ The investment registration agency shall consider the conditions for transferring an investment project to adjust the investment registration certificate within 10 working days from the date of receipt of a valid dossier.
– Case 2: Procedures for changing the investor of an investment project operating under an investment registration certificate and subject to investment policy decision of the provincial-level People’s Committee:
+ The investor transferring the investment project shall submit 04 sets of documents as prescribed to the investment registration agency;
+ Within 3 working days after receiving a valid dossier, the investment registration agency shall send the dossier to a competent state agency for evaluation opinions on conditions for transfer of investment projects. .
+ Within 10 working days after receiving the request of the investment registration agency, competent agencies or investment registration agencies shall give opinions on conditions of transfer under their management. yourself;
+ Within 20 days after receiving a valid dossier, the investment registration agency shall make a report on the fulfillment of project transfer conditions prescribed in Clause 1, Article 45 of the Investment Law and submit it to the People’s Committee. provincial people;
+ Within 05 working days after receiving the report of the investment registration agency, the provincial-level People’s Committee shall consider and decide to adjust the investment policy;
+ Within 03 working days from the date of receiving the investment policy adjustment decision, the investment registration agency shall adjust the investment registration certificate for the investor receiving the transfer of the investment project.

Case 3: Procedures for changing an investor with regard to an investment project operating under an investment registration certificate and subject to investment policy decision by the Prime Minister:
+ The investor transfers the investment project to submit 08 sets of documents as prescribed to the investment registration agency;
+ Within 3 working days after receiving a valid dossier, the investment registration agency shall send the dossier to a competent state agency for evaluation opinions on conditions for transfer of investment projects. .
+ Within 10 working days after receiving the investment registration agency’s request, the competent agencies shall give their opinions on the conditions of the transfer under their management;
+ Within 25 days after receiving a valid dossier, the investment registration agency shall submit it to the provincial-level People’s Committee for consideration and send its opinions to the Ministry of Planning and Investment on the following contents: conditions in accordance with the law on land, the law on real estate business in case of project transfer associated with transfer of land use right and conditions specified in the investment registration certificate or as prescribed Other relevant laws (if any).
+ Within 10 working days after receiving the opinions of the provincial-level People’s Committee, the Ministry of Planning and Investment shall make an evaluation report on conditions for transfer of investment projects according to regulations;
+ Within 7 working days after receiving the evaluation report of the Ministry of Planning and Investment, the Prime Minister shall consider and decide to adjust the investment policy. The decision to adjust the investment policy is sent to the Ministry of Planning and Investment, the provincial People’s Committee and the investment registration agency;
+ Within 05 working days from the day on which the investment policy adjustment decision is received, the investment registration authority shall adjust the investment registration certificate for the investor that receives the transfer of the investment project. .
– Case 4: Procedures for changing investors for projects subject to investment policy decision and not required to be granted investment registration certificates: comply with relevant regulations like procedures for changing houses Investment for investment projects operating under Investment Registration Certificates and subject to investment policy decisions of provincial-level People’s Committees and Procedures for changing investors regarding operating investment projects according to the investment registration certificate and subject to investment policy decision by the Prime Minister.
– Case 5: For projects implemented under investment policy decisions of the Management Board of industrial parks, export processing zones, hi-tech parks or economic zones (hereinafter called Management Boards), Management Boards The decision to adjust the investment policy when the prescribed conditions are met.
– Case 6: For investment projects with investment policy decisions and investors who have completed capital contribution, capital raising and putting projects into exploitation and operation, procedures are not required. adjust investment policy decisions according to the above cases. In case a project complies with an investment registration certificate, the investor shall carry out the procedures for adjusting the investment registration certificate like the procedure for changing the investor for an investment project operating under the certificate. receive investment registration and not subject to decision on investment policy mentioned above.
– Case 7: In case a foreign investor receives an assignment of an investment project and establish an economic organization to execute that investment project, the procedures for the grant or modification of an investment registration certificate shall be carried out. , then carry out procedures for the establishment of economic organizations according to the provisions of law corresponding to each type of economic organization.
Above are some issues related to “Procedures for transferring investment projects”, if you need advice, contact us at the hotline: 0984624444 or email “phapluatdoanhnghiepso1@gmail.com”.

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